State of Illinois
91st General Assembly
Legislation

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91_HB4370

 
                                               LRB9111393SMdv

 1        AN ACT concerning property taxes, amending named Acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Property Tax Code is amended by  changing
 5    Sections 15-105 and 18-165 as follows:

 6        (35 ILCS 200/15-105)
 7        Sec. 15-105.  Park and conservation districts.
 8        (a)  All  property within a park or conservation district
 9    with 2,000,000 or more inhabitants and owned by that district
10    is exempt, as is all property located  outside  the  district
11    but  owned  by  it and used as a nursery, garden, or farm for
12    the growing of shrubs, trees, flowers and plants for  use  in
13    beautifying,  maintaining  and  operating playgrounds, parks,
14    parkways, public grounds, and buildings owned  or  controlled
15    by the district.
16        (b)  All  property  belonging to any park or conservation
17    district with less than 2,000,000 inhabitants is exempt.  All
18    property leased to such park district for $1 or less per year
19    and  used exclusively as open space for recreational purposes
20    not exceeding 50 acres in the aggregate for each district  is
21    exempt.
22        (c)  Also  exempt  is  All  property  belonging to a park
23    district  organized  pursuant  to  the  Metro-East  Park  and
24    Recreation District Act is exempt.
25        (d)  Notwithstanding any other provision of this Section,
26    for taxable years 2000 and thereafter, all property leased by
27    a park district from a municipality that is sublet  from  the
28    park   district  by  any  entity  for  the  sole  purpose  of
29    establishing  and  maintaining  recreational  facilities   or
30    parking lots used exclusively for those facilities is exempt.
31    If  the  sublessee  is  not  an  exempt  entity,  however,  a
 
                            -2-                LRB9111393SMdv
 1    leasehold  assessment  shall  be  made  on the property under
 2    Section 9-195.
 3    (Source: P.A. 91-103, eff.  7-13-99;  91-490,  eff.  8-13-99;
 4    revised 10-7-99.)

 5        (35 ILCS 200/18-165)
 6        Sec. 18-165. Abatement of taxes.
 7        (a)  Any  taxing  district,  upon  a majority vote of its
 8    governing authority, may,  after  the  determination  of  the
 9    assessed  valuation  of its property, order the clerk of that
10    county to abate any portion of its  taxes  on  the  following
11    types of property:
12             (1)  Commercial and industrial.
13                  (A)  The   property   of   any   commercial  or
14             industrial firm, including but not  limited  to  the
15             property  of  any  firm that is used for collecting,
16             separating,  storing,   or   processing   recyclable
17             materials,   locating  within  the  taxing  district
18             during the immediately preceding year  from  another
19             state,  territory,  or country, or having been newly
20             created within this  State  during  the  immediately
21             preceding  year,  or expanding an existing facility.
22             The abatement shall not exceed a period of 10  years
23             and  the  aggregate  amount  of abated taxes for all
24             taxing   districts   combined   shall   not   exceed
25             $4,000,000; or
26                  (B)  The  property   of   any   commercial   or
27             industrial  development of at least 500 acres having
28             been  created  within  the  taxing  district.    The
29             abatement  shall not exceed a period of 20 years and
30             the aggregate amount of abated taxes for all  taxing
31             districts combined shall not exceed $12,000,000.
32                  (C)  The   property   of   any   commercial  or
33             industrial firm  currently  located  in  the  taxing
 
                            -3-                LRB9111393SMdv
 1             district  that  expands  a facility or its number of
 2             employees. The abatement shall not exceed  a  period
 3             of 10 years and the aggregate amount of abated taxes
 4             for  all  taxing districts combined shall not exceed
 5             $4,000,000. The abatement period may be  renewed  at
 6             the option of the taxing districts.
 7             (2)  Horse  racing.   Any  property  in  the  taxing
 8        district  which is used for the racing of horses and upon
 9        which  capital  improvements  consisting  of   expansion,
10        improvement  or  replacement  of existing facilities have
11        been made since July 1, 1987.   The  combined  abatements
12        for such property from all taxing districts in any county
13        shall not exceed $5,000,000 annually and shall not exceed
14        a period of 10 years.
15             (3)  Auto racing.  Any property designed exclusively
16        for  the  racing  of motor vehicles. Such abatement shall
17        not exceed a period of 10 years.
18             (4)  Academic or research institute.   The  property
19        of  any  academic  or  research  institute  in the taxing
20        district  that  (i)  is  an  exempt  organization   under
21        paragraph  (3)  of Section 501(c) of the Internal Revenue
22        Code, (ii) operates for the  benefit  of  the  public  by
23        actually  and  exclusively performing scientific research
24        and making the results of the research available  to  the
25        interested  public  on  a  non-discriminatory  basis, and
26        (iii) employs more  than  100  employees.   An  abatement
27        granted  under  this  paragraph  shall be for at least 15
28        years and the aggregate amount of abated  taxes  for  all
29        taxing districts combined shall not exceed $5,000,000.
30             (5)  Housing for older persons.  Any property in the
31        taxing district that is devoted exclusively to affordable
32        housing  for  older  households.   For  purposes  of this
33        paragraph, "older households" means those households  (i)
34        living  in  housing  provided  under any State or federal
 
                            -4-                LRB9111393SMdv
 1        program that the Department of Human Rights determines is
 2        specifically designed  and  operated  to  assist  elderly
 3        persons and is solely occupied by persons 55 years of age
 4        or older and (ii) whose annual income does not exceed 80%
 5        of  the  area  gross  median  income, adjusted for family
 6        size,  as  such  gross  income  and  median  income   are
 7        determined  from  time  to  time  by  the  United  States
 8        Department   of   Housing  and  Urban  Development.   The
 9        abatement shall not exceed a period of 15 years, and  the
10        aggregate amount of abated taxes for all taxing districts
11        shall not exceed $3,000,000.
12             (6)  Historical  society.  For assessment years 1998
13        through 2000,  the  property  of  an  historical  society
14        qualifying   as  an  exempt  organization  under  Section
15        501(c)(3) of the federal Internal Revenue Code.
16             (7)  Recreational facilities.  Any property  in  the
17        taxing district that is subject to a leasehold assessment
18        under Section 9-195 of this Code and which is sublet from
19        a  park  district  that  is  leasing  the property from a
20        municipality,  but  only  if   the   property   is   used
21        exclusively  for  recreational  facilities or for parking
22        lots  used  exclusively  for   those   facilities.    The
23        abatement shall not exceed a period of 20 years.
24        (b)  Upon a majority vote of its governing authority, any
25    municipality  may,  after  the  determination of the assessed
26    valuation of its property, order the county  clerk  to  abate
27    any  portion  of  its  taxes  on any property that is located
28    within the corporate limits of the municipality in accordance
29    with Section 8-3-18 of the Illinois Municipal Code.
30    (Source: P.A.  90-46,  eff.  7-3-97;  90-415,  eff.  8-15-97;
31    90-568,  eff.  1-1-99;  90-655,  eff.  7-30-98;  91-644, eff.
32    8-20-99.)

33        Section 90.  The State Mandates Act is amended by  adding
 
                            -5-                LRB9111393SMdv
 1    Section 8.24 as follows:

 2        (30 ILCS 805/8.24 new)
 3        Sec.  8.24.  Exempt  mandate.  Notwithstanding Sections 6
 4    and 8 of this Act, no reimbursement by the State is  required
 5    for  the  implementation  of  any  mandate  created  by  this
 6    amendatory Act of the 91st General Assembly.

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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